Can I Sue for a Misfilled Prescription?

You see your doctor, decide on a treatment plan and head to the pharmacy to pick up your medication. Without realizing it, you begin taking the wrong medication and suddenly, you are dealing with unwarranted pain, bad side effects and health issues that weren’t present before. It isn’t until these negative symptoms arise that you realize the medicine you have been taking is not the one your doctor had originally intended to prescribe. Unfortunately, the damage has already been done—is there anything you can do?

While you may not be able to reverse any damage, you can look to get compensation for the harm that has been done. If you were prescribed the wrong medication and suffered, an experienced medical malpractice attorney will be able to help you file a claim, hold your doctor or pharmacist liable, and get you the compensation you deserve.

But simply prescribing the wrong type of medication isn’t the only reason to file a claim for medical malpractice. If a doctor prescribes the right medication but the wrong dosage, they are liable for medical malpractice. Other reasons include: the instructions on the prescription were given incorrectly, the doctor fails to avoid a medication that the patient is allergic to (and knew of the allergy), the medication prescribed is in effective and makes the illness worse, the doctor tells the patient to continue a medication for too long, resulting in increased health issues or the doctor fails to inform the patient of potential risks and harmful side effects.

We often look to the doctor when it comes to medical malpractice, but when the claim involves a prescription, there are many people who can be at fault. A doctor may prescribe the medication correctly, but once the prescription is in the hands of a pharmacist, it has the potential to get messed up. They could fill it incorrectly or even hand you someone else’s medication without you knowing. While these may seem like simple mistakes, it is the pharmacists job to ensure that each patient receives the right medication and knows the proper instructions for taking that medication. If they fail to do their job correctly, they could be held liable for medical malpractice.

While it is often harder to prove, the manufacturer of the medication can also be at fault for your injuries. Sometimes, a large drug manufacturer will continue to make a drug knowing full well that it is harmful to patients and can cause more pain than good. When this happens, many people are often affected and a mass tort case may come into effect.

If you were prescribed the wrong medication, either by your doctor or the pharmacy, or were hurt by a drug, you should contact the experienced attorneys at Balkan & Patterson. Contact us today at 561-750-9191 or visit our website to learn more about how we can help you.

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